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ELRCAllowedNot stated in the extract· [2016] KEELRC 674 (KLR)

Transport Workers Union (K) v Lochab Brothers Limited [2016] KEELRC 674 (KLR)

Employment and Labour Relations Court
30 September 2016
RSRadido Stephen
902 words in judgment
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The bottom line

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Kenya's Employment Court used its wide review powers to quantify Kshs 2.66 million in unpaid union dues the employer had failed to challenge.

What this practically means

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Executive summary

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The Transport Workers Union (K) obtained a judgment against Lochab Brothers Ltd on 28 March 2014 (Ongaya J) declaring that the Respondent must comply with sections 48, 50 and 54 of the Labour Relations Act, ordering payment of accrued and unpaid union dues from the Respondent's own funds under section 19(6) of the Employment Act for December 2010 to April 2014, future deduction and remittance of union dues, negotiation of recognition and collective agreements with progress reporting within 60 days, and costs. The judgment did not quantify the accrued dues. After failed settlement attempts and the dismissal of the Respondent's stay application, the Union filed an application for review on 10 December 2015 seeking to incorporate computations of accrued dues of Kshs 2,655,400/-. After procedural false starts, the Respondent failed to comply with directions to file reply papers and was unrepresented when the Union prosecuted the application. Radido J held that the ELRC's review jurisdiction is wider than the High Court's under the Civil Procedure Act and Rules, and that the nature of employment cases sometimes makes it difficult to detail sums payable at judgment. The Respondent had been given an opportunity to challenge the computations but failed. The review application was allowed and the accrued and unpaid union dues for December 2010 to April 2014 were fixed at Kshs 2,655,400/-, payable within 30 days, failing which the Union may execute. Delivered in Nakuru on 30 September 2016.

Key legal issues

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01

Whether review could be used to quantify sums not computed before the original judgment

Holding

Review allowed where the court's judgment ordered payment of accrued union dues without a quantified amount, and the Union later tabulated the computation

Reasoning

The judgment had ordered payment of accrued dues for December 2010 to April 2014 without expressly finding the amount. The Union filed computations of Kshs 2,655,400/- during attempted out-of-court settlement and later sought their incorporation via review. The Respondent was given an opportunity to respond or challenge the computation but failed to do so, including failing to file papers as directed. The court found the review jurisdiction appropriate and adopted the unchallenged figure.

p. 2

Legal principles established

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  • The Employment and Labour Relations Court's jurisdiction on review is wider than that of the High Court under the Civil Procedure Act and Rules
  • The nature of cases before the ELRC may make it difficult in certain circumstances to detail sums or dues payable or awardable at the time of judgment

Court orders

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  1. 1.The application for review is allowed
  2. 2.Determination that the accrued and unpaid monthly union dues payable by the Respondent from its own resources for December 2010 to April 2014 is Kshs 2,655,400/-
  3. 3.The Respondent to pay the Union the said sum within 30 days, failing which the Union is at liberty to commence execution proceedings

Authorities

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Legislation

  • Labour Relations Actsections 48, 50 and 54
  • Employment Actsection 19(6)
  • Civil Procedure Act and Rulesreview provisions (provision since amended)
Jurisdiction invoked
Review jurisdiction of the Employment and Labour Relations Court, described as wider than that of the High Court under the Civil Procedure Act and Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Transport Workers Union (K) v Lochab Brothers Limited [2016] KEELRC 674 (KLR)", Case Analysis (2016). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/674/eng@2016-09-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.